Costs Budgeting Case Law update
- only High Court and above are included: decisions at Master level have been excluded save where indicated *** on the basis that they are of persuasive value only and are not binding, and should not be cited in skeleton arguments
- some of the authorities at High Court level are inconsistent and conflict, so care should be taken when citing them until definitive guidance is given by the Court of Appeal or a rule change is made
- Pilot Schemes in force before 1 April 2013 and their cases
- The Court’s power to order budgets under CPR 3.12(1)(a)-(e)
- What to do about Incurred costs to which Section II of CPR Part 3 PD 3 paragraph 7.3 applies:-
- Broad brush or item by item?
- Budgets and success fees and ATE premiums
- Hourly rates versus “phase”
- Increase (or otherwise applying to vary) the budget under PD 3E paragraph 7.6 where there has been a “significant development?”
- Want the judge to comment on the incurred costs?
- Haven’t spent it all?
- Want a payment on account: does the budget help?
- Appealing the budget? You’ll be lucky!
- Made a mess of it?
- Need relief from sanctions – all depends who hears your application on the day!
- Avoiding a detailed assessment
- Not avoiding a detailed assessment; the correct approach at the detailed assessment
- Costs of costs budgeting
- Costs budgeting and indemnity basis costs
- Miscellaneous in the Competition Appeal Tribunal
Consultant at Kain Knight Costs Lawyers